Luther McGill, Inc. v. Cook

BROOM, Justice:

In a tort action for personal injuries, the appellee, Milton Ray Cook, received a jury verdict and judgment for $350,000 against the appellant, Luther McGill, Inc. in the Second Judicial District of Jones County. We reverse.

Although other issues are presented, the dispositive issue is: Was Curtis Brown the agent and servant of appellant McGill, and acting within the course and scope of his employment, at the time of the traffic accident in which Brown’s vehicle struck and injured Cook so that any negligence of Brown was imputed to McGill ?

On August 19, 1970, Brown was driving…